Small v. Seterus, Inc.

Filing 2

ORDER ADOPTING Report and Recommendation of the Bankruptcy Court, and granting the 1 motion to withdraw reference of this case as to all claim, but delaying the withdrawal until the Bankruptcy Court certifies that the case is ready for trial. The court finds that abstention pursuant to 28:1334(c)(2) is not appropriate in this case. Upon certification by the Bankruptcy Court that this parties are ready for trial, the court will withdraw the reference. The clerk is directed to close this file for administrative purposes until such time as certification by the Bankruptcy Court. Signed by Judge Callie V. S. Granade on 4/2/2012. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
In Re:

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VALERIA JANE SMALL,
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Debtor.
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VALERIA JANE SMALL,
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Plaintiff,
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v.
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SETERUS, INC. f/k/a IBM LENDER *
BUSINESS PROCESS SERVICES,
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FEDERAL NATIONAL MORTGAGE *
ASSOCIATION and CHASE HOME *
FINANCE,
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Defendants.

Case No. 12-mc-00005-CG
Bankr’cy Case No. 11-00384
Adversary Proc. No. 11-00169

ORDER
This matter is before the court on the motion of Valeria Jane Small to withdraw
reference of the case pursuant to 28 U.S.C. § 157(d) (Doc. 1) and the Report and
Recommendation of the Bankruptcy Court for the Southern District of Alabama (Docs.
19, 20). No objections were filed to the Bankruptcy Court’s Report and
Recommendation. The court agrees with the findings and conclusions of the Bankruptcy
Court.
The court finds that abstention pursuant to 28 U.S.C. § 1334(c)(2) is not
appropriate in this case.

For the reasons stated above, the court hereby ADOPTS Judge Mahoney’s
recommendation and GRANTS the motion to withdraw reference of this case as to all
claims, but delays the withdrawal until the Bankruptcy Court certifies that the case is
ready for trial. Upon certification by the Bankruptcy Court that the parties are ready for
trial, the court will withdraw the reference.
The clerk is directed to close this file for administrative purposes until
such time as certification by the Bankruptcy Court.
DONE and ORDERED this 2nd day of April, 2012.

2

/s/

 Callie
 V.
 S.
 Granade

UNITED
 STATES
 DISTRICT
 JUDGE